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Tag Archives: Appellate Division

Right to Testify: People v. Cosby

Appellate Division, Fourth Department Right to Testify Attorney’s Advice People v. Cosby KA 06-03311 Appealed from Supreme Court, Onondaga County Background: The defendant was convicted of rape and menacing. He appealed from the conviction and from the denial of a ...

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Murder: People v. Gause

Appellate Division, Fourth Department Murder Double Jeopardy People v. Gause KA 08-01878 Appealed from Monroe County Court Background: The defendant had originally been charged with depraved-indifference murder and intentional murder, with the jury convicting on the depraved-indifference count but not ...

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Escape: People v. Swan

Appellate Division, Fourth Department Escape Stipulated Facts People v. Swan KA 09-02349 Appealed from Cayuga County Court Background: The defendant had been pleaded guilty to escape in the second degree and had appealed the conviction. When the court of appeals ...

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Banking: Lawyers’ Fund for Client Protection of the State of New York v. JP Morgan Chase Bank N.A.

Appellate Division, Third Department Banking Fiduciary Duty — Subrogation Lawyers’ Fund for Client Protection of the State of New York v. JP Morgan Chase Bank N.A. 510339 Appealed from Supreme Court, Albany County Background: The plaintiff has the statutory purpose ...

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Easements: Burgher v. AF III Properties, LLC

Appellate Division, Third Department Easements Burgher v. AF III Properties LLC 510153 Appealed from Supreme Court, Otsego County Background: The plaintiffs operate an automotive repair shop that is located on property immediately adjacent to a shopping center owned by the ...

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